Wednesday 14 November 2012, 13:47AEG faces new lawsuit over This Is It

AEG Live is facing another lawsuit in relation to the ill-fated Michael Jackson ‘This Is It’ tour that never happened. As previously reported, Jackson’s mother Katherine is currently suing the live music giant, which was promoting the ‘This Is It’ shows, claiming that the live company should accept some liability for the death of her son in 2009, mainly because it hired Conrad Murray, the doctor convicted of causing the late king of pop’s death through negligence.

A new lawsuit has now been filed by a Michael Williams, who was Jackson’s personal assistant at the time of the pop star’s death. The new litigation seemingly relies on AEG’s contract with Jackson regards the ‘This Is It’ venture (a copy of which seems to have been attached to the lawsuit), in which, Williams claims, Jackson’s staff were identified explicitly as beneficiaries of the deal.

The argument goes that, because of Jackson’s death, those beneficiaries did not receive the monies they expected from the ‘This Is It’ tour. As, in Williams’ (and the Jacksons’) eyes, AEG was in part responsible for Jackson’s demise, that means, the lawsuit argues, the live firm should compensate any of the singer’s staff who lost income when the ‘This Is It’ project ended prematurely.

Williams has requested that his case be treated as a class action, so that any staff member of Jackson alluded to in the AEG contract would be due damages if the litigation was successful. It’s seems an ambitious lawsuit, and will depend, to a great extent, on the outcome of the Jackson family’s litigation regards AEG’s liability, or not, for Michael’s death. The live firm insists that the singer himself appointed and managed Murray.

LOS ANGELES (TheWrap.com) - Michael Jackson has been dead for more than three years now - but apparently he lives on in the halls of America's legal system.

Jackson's former assistant, Michael Amir Williams, filed a class-action lawsuit against concert promoters AEG Live in Los Angeles Superior Court on Friday, claiming he and others hired to attend to the "Beat It" singer during his would-be "This Is It" tour at London's O2 Arena were deprived of at least $7.5 million dollars in pay.

According to the suit, AEG was responsible for the financial loss because it hired Dr. Conrad Murray -- who was found guilty of causing the singer's death - to care for Jackson.

The suit claims that Jackson "bargained for the addition of Class to help Michael Jackson give the 'first class performance' as required by Contract. The express terms of the Contract allowed for class to be paid by AEG up to $7.5 million and any amount over $7.5 million to be paid for by Michael Jackson."

Unfortunately, AEG also hired Murray, who administered a fatal dose of Propofol to Jackson in June 2009, before the concerts could take place. (Murray was convicted of involuntary manslaughter for Jackson's death in November 2011.)

"This lawsuit is clearly frivolous; it is literally barred by at least four different legal doctrines," Putnam said in a statement provided to TheWrap. "The easiest is that Mr. Williams was a personal employee of Michael Jackson's, and was never a beneficiary of Mr. Jackson's contract with AEG Live. As such he has no legal standing to sue on that contract. Nor can he legally bring a claim for Mr. Jackson's wrongful death. The idea that Mr. Williams purports to sue on behalf of the many persons who did enter into relationships with AEG Live and Jackson in connection with the This Is It Tour, and with whom AEG Live parted ways with the utmost friendship and respect, is disgraceful. It is truly unfortunate that so many see Mr. Jackson's demise as an opportunity to grab as much for themselves as possible. This is just the latest wrongful death lawsuit with someone hoping to profit from Michael Jackson's tragic death in the same way they profited from his life."

Michael Jackson's former assistant is delusional if he thinks he'll win his new lawsuit against AEG -- this according to the entertainment group, which tells TMZ, the guy's a disgrace to MJ's memory ... and doesn't have a legal leg to stand on.

TMZ broke the story, MJ's former assistant Michael Amir Williams has sued AEG, claiming he lost out on a massive paycheck because AEG negligently employed Dr. Conrad Murray for MJ's "This Is It" tour ... the doctor who eventually killed MJ with a fatal dose of Propofol.

But a rep for AEG tells us, "This lawsuit is clearly frivolous; it is literally barred by at least four different legal doctrines."

According to AEG, Williams doesn't have a case because he was never a beneficiary of MJ's contract with AEG Live ... nor can he legally bring a claim for MJ’s wrongful death.

The rep adds, "The idea that Mr. Williams purports to sue on behalf of the many persons who did enter into relationships with AEG Live and Jackson ... and with whom AEG Live parted ways with the utmost friendship and respect, is disgraceful."

As far as AEG is concerned, Williams' lawsuit is a desperate and shameless money grab ... nothing more ... and he's destined to lose in court.

"This is just the latest wrongful death lawsuit with someone hoping to profit from Michael Jackson’s tragic death in the same way they profited from his life."

Michael Amir Williams, one of the people closest to Jackson in the last two years of his life, filed a lawsuit that he hopes other former Jackson employees will join as a class action.

The suit, filed in Los Angeles County Superior Court, charges that AEG’s “acts and omissions brought about the demise of Michael Jackson.”The court filing included a copy of AEG’s contract with Jackson, revealing that the promoter agreed to advance the singer $15 million to help him buy a 29-bedroom estate that spreads over 16 acres in Las Vegas.

AEG’s lawyer called the suit “clearly frivolous” since Williams has no legal standing to sue because he was not a party to Jackson’s contract with AEG.

“It is truly unfortunate that so many see Mr. Jackson’s demise as an opportunity to grab as much for themselves as possible,” AEG attorney Marvin Putnam said. “This is just the latest wrongful death lawsuit with someone hoping to profit from Michael Jackson’s tragic death in the same way they profited from his tragic life.”

Dr. Conrad Murray, who was Jackson’s personal physician as he prepared for his “This Is It” comeback shows, was convicted a year ago of involuntary manslaughter in the pop star’s death.

The coroner ruled that Jackson died of an overdose of the surgical anesthetic propofol combined with sedatives on June 25, 2009 — two weeks before the concerts were to begin in London.

The suit contends AEG never paid Jackson’s staff as required in the January 2009 contract with Jackson.

“After the contract was signed and performance begun, Michael Jackson had problems keeping up with the pace of Tour’s rigorous schedule and physical demands,” the lawsuit said. “In response, AEG, began a series of unreasonable acts and omissions.”

The “acts and omissions” allegedly involved the hiring and supervision of Dr. Murray.

“AEG used Conrad Murray as a tool to further its business purposes and abused the sole discretion given to AEG under (the) contract,” the suit said.

The company failed to look at “Conrad Murray’s qualifications, experience, and medical specialty,” but instead weighed the benefits Murray could bring, including “managing Michael Jackson so that he could meet all deadlines and timetables AEG set in place,” it said.

Testimony at Murray’s trial indicated that Jackson chose him to be his full-time doctor for the tour, but that AEG would pay him.AEG, which is also defending itself in a wrongful death lawsuit filed by Jackson’s mother and three children, denies it was responsible for hiring or supervising Murray. That suit is set to be heard by a jury next April.

A judge must decide if the newest lawsuit can be made a class-action suit with other former employees joining.Internal AEG e-mails leaked to a reporter in September include one written by Randy Phillips — the president of AEG Live — in March 2009 saying Jackson was “locked in his room drunk and despondent” the day the pop star was to appear at the O2 Arena to publicly announce the shows.

“I screamed at him so loud the walls are shaking,” Phillips wrote. “He is an emotionally paralyzed mess riddled with self-loathing and doubt now that it is show time.”

The e-mails, published by the Los Angeles Times, indicated AEG executives had major doubts about Jackson’s ability to perform.

“We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants,” AEG Live executive Paul Gongaware wrote in an e-mail to Phillips.

Jackson’s missed rehearsals in June triggered concerns that he was slow in learning his dance routines and would have to lip-sync on stage, the newspaper reported.

“MJ is not in shape enough yet to sing this stuff live and dance at the same time,” one e-mail from the show’s music director read, the paper reported.

A production manager wrote: “He was a basket case. Doubt is pervasive.”

A loud warning from show director Kenny Ortega, who worked closely with Jackson on previous tours, came in mid-June, about a week before the star’s death. Ortega wrote to Phillips that Jackson had “strong signs of paranoia, anxiety and obsessive-like behavior” and suggested they bring a “top psychiatrist in to evaluate him ASAP.”

“It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state,” Ortega wrote. “I believe we need professional guidance in this matter.”

Ortega testified at Murray’s trial about his concerns about Jackson’s frail condition and missed rehearsals. Those concerns resulted in a meeting six days before Jackson’s death in which Murray assured the promoters he would have Jackson ready for rehearsals that next week.

An e-mail from Phillips after that meeting said he had confidence in Murray, “who I am gaining immense respect for as I get to deal with him more.”

“This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical,” Phillips’ e-mail said.

A Phillips e-mail sent weeks after Jackson’s death called it “a terrible tragedy,” but added “life must go on.”

“AEG will make a fortune from merch sales, ticket retention, the touring exhibition and the film/dvd,” Phillips wrote. AEG Live was allowed to sell Jackson tour merchandise and share in the profits from the documentary “This Is It,” which was produced from rehearsal video.

Michael Jackson's personal assistant covered a bunch of expenses while the King of Pop was living in Vegas. Now, three years later, he's finally getting around to demanding payment.

Michael Amir Williams filed a creditor's claim with the Michael Jackson Estate, claiming he's still out $28,569.83. Among the items listed -- an $11K power bill, a $13K vehicle lease and almost $1K in phone bills.

As for why he took so long to file the claim, it's a little unclear -- Jackson kicked the bucket back in June 2009 ... and most everyone else filed their claims years ago. In fact, he may have missed the filing deadline by a long shot.